By Isett H.B. No. 1622
77R4309 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a statewide contract management policy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle F, Title 10, Government Code, is amended
1-5 by adding Chapter 2262 to read as follows:
1-6 CHAPTER 2262. STATEWIDE CONTRACT MANAGEMENT
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 2262.001. DEFINITIONS. In this chapter:
1-9 (1) "Contract manager" means a person who:
1-10 (A) is employed by a state agency; and
1-11 (B) manages contracts for that state agency.
1-12 (2) "State agency" has the meaning provided by Section
1-13 2056.001.
1-14 (Sections 2262.002-2262.050 reserved for expansion
1-15 SUBCHAPTER B. CONTRACT MANAGEMENT
1-16 Sec. 2262.051. CONTRACT MANAGEMENT GUIDE. The attorney
1-17 general, General Services Commission, and state auditor shall
1-18 develop a contract management guide for use by state agencies. The
1-19 guide must provide information regarding the primary duties of a
1-20 contract manager, including how to:
1-21 (1) solicit a contract;
1-22 (2) write a contract;
1-23 (3) review and analyze a contract;
1-24 (4) monitor a contractor's progress and performance;
2-1 (5) ensure that goods and services comply with
2-2 contract specifications;
2-3 (6) resolve disputes in a timely manner;
2-4 (7) comply with contractual payment requirements;
2-5 (8) exercise state remedies when a contractor's
2-6 performance violates the contract or otherwise proves deficient;
2-7 and
2-8 (9) close out a contract.
2-9 Sec. 2262.052. TRAINING. (a) The attorney general, General
2-10 Services Commission, and state auditor shall develop and implement
2-11 a training program for each contract manager.
2-12 (b) The training must provide the manager with information
2-13 regarding how to:
2-14 (1) fairly and objectively select the most qualified
2-15 contractor;
2-16 (2) establish prices that are cost-effective and that
2-17 reflect the cost of providing the service;
2-18 (3) include provisions in a contract that hold the
2-19 contractor accountable for results;
2-20 (4) monitor and enforce a contract;
2-21 (5) make payments consistent with the contract; and
2-22 (6) comply with any requirements or goals contained in
2-23 the contract management guide developed under Section 2262.051.
2-24 (c) Each contract manager shall complete the training
2-25 developed under this section.
2-26 SECTION 2. Section 2056.002(b), Government Code, is amended
2-27 to read as follows:
3-1 (b) The Legislative Budget Board and the Governor's Office
3-2 of Budget and Planning shall determine the elements required to be
3-3 included in each agency's strategic plan. Unless modified by the
3-4 Legislative Budget Board and the Governor's Office of Budget and
3-5 Planning, and except as provided by Subsection (c), a plan must
3-6 include:
3-7 (1) a statement of the mission and goals of the state
3-8 agency;
3-9 (2) a description of the indicators developed under
3-10 this chapter and used to measure the output and outcome of the
3-11 agency;
3-12 (3) identification of the groups of people served by
3-13 the agency, including those having service priorities, or other
3-14 service measures established by law, and estimates of changes in
3-15 those groups expected during the term of the plan;
3-16 (4) an analysis of the use of the agency's resources
3-17 to meet the agency's needs, including future needs, and an estimate
3-18 of additional resources that may be necessary to meet future needs;
3-19 (5) an analysis of expected changes in the services
3-20 provided by the agency because of changes in state or federal law;
3-21 (6) a description of the means and strategies for
3-22 meeting the agency's needs, including future needs, and achieving
3-23 the goals established under Section 2056.006 for each area of state
3-24 government for which the agency provides services;
3-25 (7) a description of the capital improvement needs of
3-26 the agency during the term of the plan and a statement, if
3-27 appropriate, of the priority of those needs;
4-1 (8) identification of each geographic region of this
4-2 state, including the Texas-Louisiana border region and the
4-3 Texas-Mexico border region, served by the agency, and if
4-4 appropriate the agency's means and strategies for serving each
4-5 region;
4-6 (9) a description of the training of the agency's
4-7 contract managers under Section 2262.052; and
4-8 (10) [(9)] other information that may be required.
4-9 SECTION 3. (a) Except as provided by Subsections (b) and
4-10 (c) of this section, this Act takes effect September 1, 2001.
4-11 (b) Section 2262.052(c), Government Code, as added by this
4-12 Act, takes effect September 1, 2002.
4-13 (c) A state agency is not required to comply with Section
4-14 2056.002(b)(9), Government Code, as added by this Act, until June
4-15 1, 2004.